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 Federal  Communications  Commission  DA  02-  1694 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  File  No.  EB-  02-  TC-  085  ) 
 Time  Warner  Cable  )  CUID  No.  HI0003  (Hawaii  Kai)  ) 
 Refund  Plan  ) 


 ORDER 
 Adopted:  July  16,  2002  Released:  July  17,  2002 
 By  the  Chief,  Enforcement  Bureau:  1 
 1.  In  this  Order  we  consider  the  refund  plan  filed  by  the  above-  referenced  operator  ("  Operator")  2  pursuant  to  Order,  DA  02-  452  3  ("  Refund  Order").  4  Our  review  of  Operator's  refund  plan  5 
 reveals  that  the  refund  plan  fulfills  the  requirements  of  the  Refund  Order  provided  Operator  accrues  interest  up  to  the  date  of  the  refund. 


 2.  Accordingly,  IT  IS  ORDERED  that  Operator’s  refund  plan  IS  APPROVED  provided  operator 
 modifies  its  refund  plan  to  the  extent  indicated  herein,  and  IT  IS  FURTHER  ORDERED,  pursuant  to  Section  76.962  of  the  Commission's  rules,  47  C.  F.  R.  §  76.962,  that  Operator  implement  its  refund  plan  within  60 


 days  of  the  release  of  this  Order. 
 3.  IT  IS  FURTHER  ORDERED,  pursuant  to  Section  76.962  of  the  Commission’s  rules,  47  C.  F.  R.  §  76.962,  that  Operator  shall  file  a  certificate  of  compliance  with  the  Chief,  Enforcement  Bureau, 


 1  Effective  March  25,  2002,  the  Commission  transferred  responsibility  for  resolving  cable  programming  services  tier 
 rate  complaints  from  the  former  Cable  Services  Bureau  to  the  Enforcement  Bureau.  See  Establishment  of  the  Media  Bureau,  the  Wireline  Competition  Bureau  and  the  Consumer  and  Governmental  Affairs  Bureau,  Reorganization  of 


 the  International  Bureau  and  Other  Organizational  Changes,  FCC  02-  10,  17  FCC  Rcd  4672  (2002). 
 2  The  term  "Operator"  includes  Operator's  predecessors  and  successors  in  interest. 


 3  See  In  the  Matter  of  TCI  of  Hawaii,  Inc.,  DA  02-  452,  17  FCC  Rcd  3591  (CSB  2002). 
 4  The  Refund  Order  required  Operator  to  determine  the  overcharges  to  cable  programming  service  tier  ("  CPST") 
 subscribers  for  the  period  stated  in  the  Refund  Order  and  file  a  report  with  the  Chief,  Cable  Services  Bureau,  stating  the  cumulative  refund  amount  determined  (including  franchise  fees  and  interest),  describing  the  calculation  thereof,  and 


 describing  its  plan  to  implement  the  refund  within  60  days  of  Commission  approval  of  the  plan. 
 5  Operator  calculated  a  total  refund  liability  of  $85,099.12. 
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 Federal  Communications  Commission  DA  02-  1694 
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 within  90  days  of  the  release  of  this  Order  certifying  its  compliance  with  this  Order. 
 4.  This  action  is  taken  pursuant  to  Sections  0.111  and  0.311  of  the  Commission’s  rules,  47  C.  F.  R.  §§  0.111  and  0.311. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
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